Monthly Archives: May 2011

“Vapor Money” Theory to Avoid Repayment of Real Property Loan Rejected by Utah Court of Appeals

Debtors attempting to avoid repayment of a loan secured with by a Deed of Trust against real property or to invalidate a Trustee’s Sale under the Deed of Trust will find no succor in Utah by claiming that a loan … Continue reading

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“Easements by Plat” and Private Roads

“Easement by Plat” Applies to Easements over Private Roads On May 6, 2011, The Utah Supreme Court issued its opinion in the case of Oak Lane Homeowners Association v. Griffin, 2011 UT 25.  The case addresses the issue of whether … Continue reading

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Non-Judicial Foreclosure Process in Utah

NON-JUDICIAL FORECLOSURE PROCESS IN UTAH (Foreclosure of Trust Deeds – Utah Code Ann. §§57-1-10 – 57-1-36) 1.  A Trustee conducting a non-judicial Trustee’s Sale must be qualified as a Trustee in the State of Utah.  Only a qualified Trustee is authorized … Continue reading

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